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U.S. v. Brett Kavanaugh? More likely after Texas decision by SCOTUS

The recent Texas decision on abortion makes it more likely that the perjury case will be reconsidered.

This reports is based on a Blogspot column from March

Time for impeachment investigation into Brett Kavanaugh?: Sen. Sheldon Whitehouse explosively alleges that FBI lied about doing investigation about Kavanaugh in 2018

… U.S. v. Kavanaugh (2021), my column from October asked for investigation into torture memos, too

The chickens are coming home to roost with Brett Kavanaugh and his past perjury about his actions as a nominee to the federal courts. I had written about his potential perjury about the “torture memos” when he was nominated for a job on the federal courts by George W. Bush in 2006.

I have that link below, and it is worth reading.

However, today, Sen. Sheldon Whitehouse of Connecticut has asked the new U.S. Attorney General Merrick Garland to investigate whether or not the investigation that the FBI conducted into Kavanaugh about his potential lying about his actions in the allegations made by Dr. Christine Blasey Ford in 2018.

Dr. Ford, a distinguished scholar, alleged before the U.S. Senate in his confirmation hearings that she was raped by Kavanaugh, something he has denied.

Whitehouse request

Sen. Whitehouse, a member of the Senate Judiciary Committee, was one of the fiercest critics of Kavanaugh in the confirmation hearings, and he has alleged improprieties by the previous administration with the investigation of Ford’s claims and Kavanaugh’s background check,

The FBI is facing new scrutiny for its 2018 background check of Brett Kavanaugh, the supreme court justice, after a lawmaker suggested that the investigation may have been “fake.”

Sheldon Whitehouse, a Democratic senator and former prosecutor who serves on the judiciary committee, is calling on the newly-confirmed attorney general, Merrick Garland, to help facilitate “proper oversight” by the Senate into questions about how thoroughly the FBI investigated Kavanaugh during his confirmation hearing.

The supreme court justice was accused of sexual assault by Christine Blasey Ford and faced several other allegations of misconduct following Ford’s harrowing testimony of an alleged assault when she and Kavanaugh were in high school.

Kavanaugh denied the claims.

The FBI was called to investigate the allegations during the Senate confirmation process but was later accused by some Democratic senators of conducting an incomplete background check. For example, two key witnesses – Ford and Kavanaugh – were never interviewed as part of the inquiry.

Stephanie Kirchgaessner, “FBI facing allegation that its 2018 background check of Brett Kavanaugh was ‘fake’,” The Guardian, March 16, 2021

The FBI would not listen to allegations

What Whitehouse wants to investigate is how thoroughly the FBI delved into Kavanaugh’s past. Some people who contacted the FBI said that they allegations were ignored by the agency under pressure from the previous administration and attorney general William Barr,

Among the concerns listed in Whitehouse’s letter to Garland are allegations that some witnesses who wanted to share their accounts with the FBI could not find anyone at the bureau who would accept their testimony and that it had not assigned any individual to accept or gather evidence.

“This was unique behavior in my experience, as the Bureau is usually amenable to information and evidence; but in this matter the shutters were closed, the drawbridge drawn up, and there was no point of entry by which members of the public or Congress could provide information to the FBI,” Whitehouse said.

He added that, once the FBI decided to create a “tip line”, senators were not given any information on how or whether new allegations were processed and evaluated. While senators’ brief review of the allegations gathered by the tip line showed a “stack” of information had come in, there was no further explanation on the steps that had been taken to review the information, Whitehouse said.

Stephanie Kirchgaessner, The Guardian, March 16, 2021

Put pressure on Director Christopher Wray

Will the Justice Department open an investigation into Kavanaugh or should the U.S. House pursue charges about the torture memos as I indicated in my previous story?

The Senate is now under Democratic control, and they can open their own investigation and subpoena Wray, who has earned President Biden’s support — for now.

That could change,

[Whitehouse] also criticized FBI director Chris Wray, who Joe Biden has elected to remain in place, for not answering questions about the investigation.

The FBI did not respond to a request for comment. The DOJ did not respond to a request for comment.

While it is unclear whether the FBI would re-open an investigation into Kavanaugh, who is now one of nine justices on the supreme court, the letter could push Garland to force the DOJ to respond to questions about the investigation into Kavanaugh.

Whitehouse said he is seeking answers about “how, why, and at whose behest” the FBI conducted a “fake” investigation if standard procedures were violated, including standards for following allegations gathered through FBI “tip lines”.

Stephanie Kirchgaessner, The Guardian, March 16, 2021

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